13-cv-00446

On September 13, 2012, Plaintiffs Kum & Go and Krause Gentle Corporation filed a petition against Defendants Veeder-Root Company, Gilbarco Inc., and Blackmer in Iowa state court alleging negligent design of a gas pump suction unit. Defendants filed a third party petition on August 30, 2013, naming PMP as third party defendant. On September 11, Plaintiffs filed an amended petition in state court adding PMP as a Defendant and seeking damages in excess of $250,000 from all Defendants.

PMP removed the case to federal court, with the consent of the other named defendants, claiming federal diversity jurisdiction: the amount in controversy exceeds $75,000 and Plaintiffs and Defendants are citizens of different states. Plaintiffs subsequently filed a Motion to Remand the case back to state court, arguing that PMP’s Notice of Removal was not timely filed. This video shows the hearing on Plaintiff’s Motion to Remand.